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NASHVILLE — The legal status of delta-8 THC candy remains as ambiguous as its ingredients.
“Labeling it ‘candy’ doesn’t mean anything. Delta-8 isn’t necessarily a consistent product from one transaction to the next,” said District Attorney Robert Evans, chief prosecutor for Nash, Edgecombe and Wilson counties.
In a recent narcotics case, Nash County Sheriff Keith Stone and deputies arrested two men outside Golden East Crossing Mall in Rocky Mount, charging them with drug possession and seizing about 8.8 ounces of marijuana wrapped in small packages for sale, marijuana edibles, cash and two handguns.
An evidence photo of the seized property shows two bags of Stoner Patch branded gummies with packaging similar to Sour Patch Kids candy. Labels on both bags indicate that they contain 750 miligrams of delta-8 THC.
RELATED STORY: Sheriff: 2 caught with marijuana at mall
Arrest warrants don’t specify that the men were charged with possessing the gummies, which are sold openly in some area convenience stores.
Chief Deputy Brandon Medina said the suspects were likely just charged with having the bags of marijuana, but he added that marijuana candy is illegal in North Carolina.
Evans said anything his office does relies almost entirely on a lab analysis of confiscated substances.
“I can’t know in advance what the substance is,” Evans said.
As far as the mall drug bust, Evans said he doesn’t discuss cases that haven’t been adjudicated.
“It has been and remains my policy to not comment on cases pending,” Evans said. “This position protects the defendant’s rights and the integrity of our work. I have no personal knowledge of the facts or circumstances surrounding the case you mention, which is further reason for my not commenting publicly.”
Evans said he can assure the community that any resolution of the case will be in accordance with the law as his office interprets it.
Delta-8 THC is a chemical cousin of delta-9 THC, the main component responsible for marijuana’s psychoactive effects.
However, since Delta-8 THC can be synthesized from legal hemp, its legal status remains unclear.
“Whether Delta-8 THC derived from hemp is legal or not depends on who you ask,” the N.C. Department of Agriculture & Consumer Services states on its website. The agriculture department regulates North Carolina’s commercial hemp industry.
Evans
Products containing delta-8 THC are often sold openly beside CBD gummies, candies and tinctures. There’s no consensus on whether delta-8, which can be synthesized from legal hemp but is a close chemical cousin of the delta-9 THC that occurs naturally in marijuana, is legal to sell or possess in North Carolina. Photo by elsaolofsson via Pixabay
